Midland's second federal judgeship awaits Congress

by Bob CampbellMidland Reporter-Telegram

Published 7:00 pm, Thursday, September 3, 2009

A springtime plan to establish four new federal district judgeships in the Western District of Texas, including a second one in Midland, has yet to gain a foothold in Washington but may get a bill number and congressional committee hearings this fall.

U.S. Courts Official and Congressman Mike Conaway, R-Midland, along with Assistant U.S. Attorney John Klassen and attorneys Rick Davis Jr. and John Cook IV say it makes sense to send U.S. District Judge Robert Junell some reinforcements.

The question is if the idea carries the kind of logic to persuade the cash-strapped Congress to act.

Altogether, the federal judicial system is seeking 51 new judgeships and 35 more bankruptcy courts nationally, including a proposal by the U.S. 5th Circuit Court of Appeals in New Orleans to increase Western District judgeships from 13 to 17. There are no bankruptcy court requests for Texas.

Having talked with Junell early this year, Conaway is convinced of the need. "Judge Junell confirmed he has a thick docket that appears to be getting busier," said Conaway on Thursday.

"Given the level of drug offenses and other cases flowing through his court, he's one of the hardest working district judges on the bench."

When asked if the sluggish economy will make the going harder, he said, "It should.

"Congress has a history of not making hard choices and this would be one where we had to look at our resources and decide what we could afford."

The cost of each new district judgeship would be about $1 million, according to references.

Conaway's bill to name the court section of George Mahon Federal Building for the two presidents who once called Midland home - George W. Bush and his father George H.W. Bush - just had a subcommittee hearing in the House Transportation & Infrastructure Committee and may be approved, he said.

But he said enlarging or replacing the Mahon Building to accommodate a second judge and second magistrate would be considered separately.

U.S. Courts spokesman Dick Carelli said a similar plan was broached in March 2007 and wasn't "dropped," or given a bill number, until April the next year. "It took awhile, but we're hopeful this will be introduced as well in the judiciary committees of the House and Senate," said Carelli, whose organization represents the U.S. Supreme Court and other federal courts.

He said the district and bankruptcy court expansions are different proposals on separate tracks with the first bankruptcy review occurring June 16 in a House judiciary subcommittee.

Davis, a civil attorney, said another court would free Junell to hear more civil disputes. "I'm certainly under the impression his docket is crowded with criminal cases in Midland and Pecos and an overwhelming amount of time is spent on his criminal caseload," Davis said.

"Because of that, I think attorneys are reluctant to file civil cases in the Midland Division."

Explaining civil litigants often go to state courts instead, Davis said, "While Judge Junell gives all civil cases his full attention, there is no question he spends an overwhelming amount of time on criminal cases.

"He takes great pride in moving his docket along and works harder than any federal judge I know."

Klassen and his assistants average three or four jury trials a month here and have done as many as six in three weeks with Junell spending one week each month at Lucius D. Bunton III U.S. District Courthouse in Pecos.

Klassen said 95 percent of the 300 felony indictments he obtains each year, many with multiple defendants, end in plea bargains. Adding those to Pecos prosecutions by the U.S. Attorney's Office in Alpine, Junell annually sentences more than 700 people, he said.

"There are also pre-trial hearings on various issues, civil hearings and arguments after which he writes opinions that require study and writing time," said Klassen. "He is always there."

Cook said there "has been no doubt we have needed another federal judge for years.

"Judge Junell is a great judge, but running between Midland and Pecos, the workload is unbelievable," he said. "He may not think he's overworked with the criminal docket, all the drugs and stuff through this area and many civil things the court has to handle. But the man puts in lots of hours."

Cook said the Mahon Building has big courtrooms on the first and third floors and a second-floor magistrate's courtroom, but each judge usually has his own magistrate and having enough judges' chambers might be the greater concern.